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In New York, the Realty Advisory Board on Labor Relations, Inc. and SEIU Local 32BJ have adopted a “Protocol and Agreement” for handling discrimination claims that affords the employee and his/her employer a cost-effective means for resolving claims. This article gives a brief history of the arbitration of labor disputes before Pyett and the significance …

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You Want a Piece of Pyett With That? III. Panel Discussion

A panel discussion about the practical implications of arbitrating statutory claims that arise in the workplace

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The Implications of 14 PENN PLAZA v PYETT

Arbitrators and labor and management representatives discuss the possible impact of Pyett on union representational duties and employees’ rights.

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The Supreme Court’s 1960 Steelworker Trilogy decisions established that arbitration was the quid pro quo for the collective bargaining agreement’s no-strike provisions, and directed that judicial deference. In this Chapter, Professor Gould surveys the judicial history that preceded the Trilogy and the subsequent application and expansion of the Trilogy principles (including its recent exansion – …

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President Picher recounts the changing role of arbitrators in applying external law, culminating in the Supreme Court’s 2009 decision in 14 Penn Plaza v Pyett.

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The Arbitration Fairness Act would invalidate pre-dispute arbitration agreements relating to employment issues (except for CBAs). Borrowing heavily from Charles Dickens, the authors contend that enactment of the AFA would result in such disputes being channeled to the courts, creating a substantial additional caseload for the judiciary, and a costly burden to litigants. The role …

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Mandatory arbitration – the employee’s agreement to arbitrate, rather than litigate, all disputes (including staturory disputes) with his/her employer, has been the subject of empirical studies that have found that employees, similarly situated, do about as well in arbitration as in the courts. Professor St. Antoine observes that arbitration is often the only affordable option …

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Attorney Brennwald suggests that, in Pyett, the Court might entrust the enforcement of statutory rights to the union’s discretion, subject only to its duty of fair representation and its obligation to refrain from unlawful discrimination. He examines the practical effect of that ruling, and important questions that the Court left unanswered.

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Professor Nolan identifies the forces to which the decline of labor unions are often attributed, but posits that it was the inability of unions to bargain at the national level (sometimes termed “corporatism”), as they had from the 1930’s until the 1970s, that has engendered their decline. He the trend, of slow descent, as likely …

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